As a practicing Lawyer in Los Angeles mostly handling personal injury cases, I have witnessed and in fact, represented several clients having concerns in their trip and fall involvement, specifically in their injury compensation pursuit. As I reflect, these numbers of clients have aroused my thoughts regarding the matter, and I began to realize the increasing prevalence of this injury matter in our society, especially in Los Angeles.
As from my varied clientele, I can fairly say and may be suggest, that from their relative position, there are large number of people who are not fully aware in their right for a claim or in bringing lawsuit against the erring party. There is huge number of people having this concern that have no real inkling about their legal rights in matters of their injury compensation.
With these facts, I find it compelling to explain in brief detail all about Trip and fall, in its concept, claims or lawsuits and Lawyer’s importance.
Trip and fall, as a legal concept
In the United States, Slip, Trip and fall as a claim is covered under the mantle of Tort Law, to which the liability is based on the premise that the property owner was negligent in allowing some dangerous condition to exist in their property causing the slip or trip and fall.
Under this law, the property owner is tasked to exercise due diligence (reasonable care) to keep safe their premises from any untoward accidents that befell it or if accidents have in fact happened already, to take reasonable steps to discover and mitigate any danger in their property.
Trip and fall, hazards
Trip and fall hazards can be particularly hard to detect especially when potential victims are engaged in any task or activity that sways their attention away from the specific location of such hazards. Customarily, the most noted trip and fall hazards include the following:
• Loose floorboards including uneven or defective flooring and floor cracks or repairs
• Protruding wall molding
• Poor housekeeping
• Cluttered or poorly designed work areas
• Open drawers
• Improperly sloped rug moldings
• Electric extension cords
• Raised floor sidewalk sections
• Turned-up floor matting
• Bent floor plates
• Improperly stored materials
• Poor visibility
• Carelessness
Property owner’s duties
The responsibilities enforced on the property owner or legal possessor of the property greatly vary from state to state, and can vary on how the entrant to the property is classified. In general, these subjects have a legal responsibility for the safety of the premises.
From the various duties and responsibilities, inspection and maintenance are parcels of the duties enforced on the property owner or legal possessor.
Inspection and maintenance
Owner’s of potential slips, trips, falls modalities like in the work place, hotels, restaurants, amusement parks, and other public places, as well as in residential areas are required to wage an inspection and maintenance of their premises on a systematic and timely basis. This is necessary duty for property owner irrespective of the frequency and potential severity of tripping and falling incidents that happened in their respective area of responsibility.
By doing this, the owner can at least exhibit their must duties of exercising due diligence in keeping their premises safe and away from crippling slip, trip and fall accidents.
Trip and Fall Accident Claims
Accidents resulting from a slip, trip or fall are one of the most common types of accidents people have. They can happen anywhere whether in workplaces, in public facilities, in malls and other public properties.
Claims in slip, trip and falls cases are relatively different depending on the specific locations where the accident happens.
When the slipping and tripping and falling happens in private places like in residential units, malls commercial buildings, claims for injury can be made by the victims to the owner of operator of such property.
When the same accident happens in public properties like in public buildings or in sidewalk or pedestrian crosswalk, claims for injury can be brought against the Local Council or government entity that has jurisdiction over the area and have the responsibility of keeping or maintaining the building, pavements and roads.
These considerations have relevance in the naming of the proper party in lawsuits or claims and all too crucial in all premise liability cases.
The common thing from all these claims however, is that whenever a victim have has a slip, trips or fall in any of the above places, they can be entitled to compensation from the erring person or persons responsible for the property.
Lawyer’s importance
Aside from the taking timely medical help, legal help is also necessary in claims of this type. The Lawyer, with its adept knowledge in claims of this liking, can vary well help victims to recover the right compensation for their injuries. Their help cannot be over-emphasized nor can it be ignored, as they are the important ingredient in a successful injury compensation pursuit.
For more information regarding personal injury issues such as slip and fall injuries , you can seek the services of our skilled Los Angeles personal injury lawyers . You can visit our website and avail of our free case analysis.
